Unit 5More Perfect Union

2011-2012

Setting up the Court System

Marbury v. Madison

• Set the precedent for judicial review• gave the Supreme Court the power to declare

laws unconstitutional

Colonial GrievancesGrievances Listed in the Declaration of

IndependenceConstitution

Taxation without Representation All states have representation in Congress, which sets taxes

King has absolute power Congress has the power to override the Presidential veto

Colonists not allowed to speak out against the King

1st Amendment-Freedom of Speech

Quartering Act forced colonists to house troops

3rd Amendment-No quartering of troops

Allowed homes to be searched without warrants

4th Amendment-No unwarranted search & seizure

No trial by jury of peers 6th Amendment-right to speedy public trial7th Amendment-Trial by Jury

U.S. Constitution Reflects Principles of:

Limited Government

• The Constitution and laws define the limits of those in power so they cannot take advantage of their elected, appointed, or inherited positions

Republicanism

• A philosophy of limited government with elected representatives serving at the will of the people, government is based on the consent of the governed

Checks and Balances

• System that does not allow any one branch of the government to have too much power.

• Example: The President can veto legislation passed by Congress, but Congress can override the veto.

• Example: The Senate confirms major appointments made by the President.

• The courts may declare acts passed by Congress as unconstitutional.

Federalism

• The distribution of power between a federal government and the states within a union.

• In the Constitution, certain powers are delegated only to states, others only the federal government, and others are shared powers.

Separation of Powers-Three Branches of Government

Legislative Branch

• known as “Congress” • made up of a “House of Representatives” and

a “Senate”, • Article I of the U.S. Constitution,

Executive Branch

• known as the “President,” • Article II of the U.S. Constitution• carries out the laws • ensures the just application of laws

Judicial Branch

• Judicial branch includes the “Supreme Court,” all courts of the U.S..

• Interprets and applies the laws, ensuring they are just

• Article III

Popular Sovereignty

• Concept that political power rests with the people who can create, alter and abolish government. People express themselves through voting and free participation in government.

Individual rights

• Many opposed the Constitution in 1787 because they believed it did not offer adequate protection of individual rights. The Bill of Rights, ratified in 1791, was created to correct this. The individual rights protected in the Bill of Rights, include:

• economic rights related to property,• political rights related to freedom of speech and

press, • personal rights related to bearing arms and

maintaining private residences.

Amending the Constitution

• Purpose: The Constitution can be changed or amended when it is deemed necessary by the people to adjust to changing times and to maintain a “living” document

• Process: Proposal by Congress (by 2/3 vote of both houses) OR proposal from a convention called by 2/3 of the states.

• It them goes to the state legislature to be ratified, must have ¾ votes to pass OR passage by ¾ votes in special state conventions

Origin of Judicial Review

• From the ruling on Marbury v. Madison• Supreme Court Chief Justice John Marshall declared that

the Supreme Court’s duty is to interpret the law (according to the U.S. Constitution).

• If the Supreme Court decides a law violates the U.S. Constitution, it can not go into effect or if it’s already in effect, it is no longer legal.

• This allowed a balance between the three branches of government.

• Allows the Supreme Court to determine the Constitutionality of laws made by Congress.

Marbury v. MadisonBackground Issue Decision Significance

Jefferson ordered Madison not to deliver Adam’s last minute judicial appointments

Does the Supreme Court have the authority to review acts of Congress and determine Constitutionality?

Law that allowed Marbury to sue Madison for delivery of his appointment was unconstitutional.

Establishes judicial review. Expansion of the scope of Supreme Court’s jurisdiction